"The DMCA isn't working for content people at all," he said at the Technology Policy Institute's Aspen Forum here. "You cannot monitor all the infringements on the Internet. It's simply not possible. We don't have the ability to search all the places infringing content appears, such as cyberlockers like [file-hosting firm] RapidShare."

The complex--and controversial--1998 law grew out of years of negotiations with broadband providers, Internet companies, and content industries. One key section says companies are generally not liable for hosting copyright-infringing materials posted by their companies, as long as they follow certain removal procedures, once contacted by the owner.

In response to a question from CNET, Sherman said it may be necessary for the U.S. Congress to enact a new law formalizing agreements with intermediaries such as broadband providers, Web hosts, payment processors, and search engines.

The RIAA would strongly prefer informal agreements inked with intermediaries, Sherman said: "We're working on [discussions with broadband providers], and we'd like to extend that kind of relationship--not just to ISPs, but [also to] search engines, payment processors, advertisers."

But, Sherman said, "if legislation is an appropriate way to facilitate that kind of cooperation, fine."

Lance Kavanaugh, product counsel for YouTube, disagreed that copyright law is broken. "It's our view that the DMCA is functioning exactly the way Congress intended it to," he said.

The United States leads the world in the creation of innovative new Web ideas, Kavanaugh said, in part as a result of the compromises made when drafting that law: "There's legal plumbing to allow that to happen, to allow those small companies to innovate without [the] crushing fear of lawsuits, as long as they follow certain rules. Congress was prescient. They struck the right balance."

Sherman acknowledged on Monday that YouTube is now doing a fine job of filtering and removing copyright-infringing videos. But, he said, Google "could stop filtering tomorrow and have no liability," as long as its YouTube subsidiary replied promptly to notifications.

And, he suggested, it could do far more: "If you enter in 'Beyonce MP3,' chances are, the first thing you'll see is illegal sites."

Disclosure: McCullagh is married to a Google employee not involved with this topic.

Update 6:20 p.m. PT: During dinner this evening, Cary Sherman told me that his response to my question earlier Monday was not a call for new legislation. Instead, he said, the RIAA would like to see congressional action only if necessary to formalize a voluntary deal with partners such as broadband providers. But a broader law enacted without their cooperation isn't what the RIAA wants, Sherman said.

About the author

Declan McCullagh is the chief political correspondent for CNET. You can e-mail him or follow him on Twitter as declanm. Declan previously was a reporter for Time and the Washington bureau chief for Wired and wrote the Taking Liberties section and Other People's Money column for CBS News' Web site.
See full bio